Title EPT, Estates, Powers & Trusts

§ 3-3.2 Competence of attesting witness who is beneficiary; application to nuncupative will (a) An attesting witness to a will to whom a beneficial disposition or appointment of property is made is a competent witness and compellable to testify respecting the execution of such wi…

§ 3-3.3 Disposition to issue or brothers or sisters of testator not to lapse; application to class dispositions (a) Unless the will whenever executed provides otherwise: (1) Instruments executed prior to September first, nineteen hundred ninety-two. Whenever a testamentary dispos…

§ 3-3.4 Consequences of partly ineffective testamentary dispositions of property to two or more residuary beneficiaries Whenever a testamentary disposition of property to two or more residuary beneficiaries is ineffective in part, as of the date of the testator's death, and the p…

§ 3-3.5 Conditions qualifying dispositions; conditions against contest; limitations thereon (a) A condition qualifying a disposition of property is operative despite the failure of the testator to provide for an alternative gift to take effect upon the breach or non-occurrence of…

§ 3-3.6 Encumbrances on property of decedent or on proceeds of insurance policy on life of decedent not chargeable against assets of decedent's estate (a) Where any property, subject, at the time of decedent's death, to any lien, security interest or other charge, including a lie…

§ 3-3.7 Testamentary disposition to trustee under, or in accordance with terms of existing inter vivos trust (a) A testator may by will dispose of or appoint all or any part of such testator's estate to a trustee of a trust, the terms of which are evidenced by a written instrumen…

§ 3-3.8 Validity of a purchase of real property notwithstanding its disposition by will The title of a purchaser of real property, in good faith and for valuable consideration, from a distributee of a person who died owning such property shall not be affected by a testamentary di…

§ 3-3.9 Testamentary direction to purchase annuities If a testator directs in his will the purchase of an annuity, the beneficiaries to whom the income thereof is to be paid may not elect to take the capital sum directed to be used for the purchase of such annuity in lieu thereof…

§ 3-4.1 Revocation of wills; effect on codicils (a) Except as otherwise provided in this chapter, a revocation or alteration, if intended by the testator, may be effected in the following manner only: (1) A will or any part thereof may be revoked or altered by: (A) Another will. …

§ 3-4.2 Agreement to convey property previously disposed of by will not a revocation An agreement made by a testator to convey any property does not revoke a prior testamentary disposition of such property; but such property passes under the will to the beneficiaries, subject to …

§ 3-4.3 Revocatory effect of a conveyance, settlement or other act affecting property previously disposed of by will A conveyance, settlement or other act of a testator by which an estate in his property, previously disposed of by will, is altered but not wholly divested does not…

§ 3-4.4 Conveyance of property of an incompetent or conservatee, previously disposed of specifically by will, not revocation or ademption In the case of a sale or other transfer by a committee or conservator, during the lifetime of its incompetent or conservatee, of any property …

§ 3-4.5 Insurance proceeds from specific disposition not subject to ademption Where insurance proceeds from property which was the subject of a specific disposition are paid after the testator's death, such proceeds, to the extent received by the personal representative, are paya…

§ 3-4.6 Revocation or alteration of later will not to revive prior will or any provisions thereof (a) If after executing a will the testator executes a later will which revokes or alters the prior one, a revocation of the later will does not, of itself, revive the prior will or a…

§ 3-5.1 Formal validity, intrinsic validity, effect, interpretation, revocation or alteration of testamentary dispositions of, and exercise of testamentary powers of appointment over property by wills having relation to another juristion (a) As used in this section: (1) "Real pro…

* § 3-6.1 Short title This part may be cited as the New York electronic wills act. * NB Effective December 12, 2027

* § 3-6.2 Definitions For purposes of this part the following terms shall have the following meanings: (a) "Audit trail data" means data about the activities of data, including but not limited to the electronic will's creation and execution. (b) "Communication technology" means a…

* § 3-6.3 Law applicable to electronic will; principles of equity An electronic will is a will for all purposes of the law of this state. The law of this state applicable to wills and principles of equity apply to an electronic will, except as modified by this act. * NB Effective…

* § 3-6.4 Choice of law regarding execution A will executed electronically but not in compliance with paragraph (a) of section 3-6.6 is an electronic will under this act and is formally valid and admissible to probate if executed in compliance with the law of the jurisdiction whe…

* § 3-6.5 Caution to the testator An electronic will shall include a disclosure substantially similar to the following in twelve-point font or larger, boldface, double-spaced type: CAUTION TO THE TESTATOR: YOUR WILL IS AN IMPORTANT DOCUMENT. AS TESTATOR, YOUR WILL SHOULD REFLECT …

* § 3-6.6 Execution of electronic will (a) Subject to paragraph (d) of section 3-6.8, an electronic will must be: (1) a record that is readable as text at the time of signing under subparagraph two; (2) signed at the end thereof by: (A) the testator; or (B) another individual in …

* § 3-6.7 Revocation (a) An electronic will may revoke all or part of a previous will. (b) An electronic will is revoked by: (1) a subsequent will that revokes all or part of the electronic will; (2) removal of the electronic will from the custody of the New York state unified co…

* § 3-6.8 Electronic will attested and made self-proving at time of execution (a) An electronic will may be simultaneously executed, attested, and made self-proving by acknowledgment of the testator and affidavits of the witnesses. (b) The acknowledgment and affidavits under para…

* § 3-6.9 Filing of electronic will Within thirty days of its execution, an electronic will with audit trail data shall be electronically filed with the New York state unified court system either by the testator or another person duly authorized by the testator. The electronic wi…

§ 4-1.1 Descent and distribution of a decedent's estate\n The property of a decedent not disposed of by will shall be\ndistributed as provided in this section. In computing said distribution,\ndebts, administration expenses and reasonable funeral expenses shall be\ndeducted but a…

§ 4-1.2 Inheritance by non-marital children (a) For the purposes of this article: (1) A non-marital child is the legitimate child of his mother so that he and his issue inherit from his mother and from his maternal kindred. (2) A non-marital child is the legitimate child of his f…

§ 4-1.3 Inheritance by children conceived after the death of an intended\n parent\n (a) When used in this article, unless the context or subject matter\nmanifestly requires a different interpretation:\n (1) "Genetic material" shall mean sperm or ova provided by a genetic\nparent.…

§ 4-1.4 Disqualification of parent to take intestate share (a) No distributive share in the estate of a deceased child shall be allowed to a parent if the parent, while such child is under the age of twenty-one years: (1) has failed or refused to provide for the child or has aban…

§ 4-1.5 Other disqualifications No estate property, whether passing by intestacy or otherwise, which has its situs in this state, shall pass to any other state or territory of the United States, or to any foreign country or sovereignty in the event of the absence of an individual…

§ 4-1.6 Disqualification of joint tenant in certain instances Notwithstanding any other provision of law to the contrary, a joint tenant convicted of murder in the second degree as defined in section 125.25 of the penal law or murder in the first degree as defined in section 125.…

§ 5-1.1 Right of election by surviving spouse\n (a) Election by surviving spouse against will executed after August\nthirty-first, nineteen hundred thirty and prior to September first,\nnineteen hundred sixty-six.\n (1) Where a testator executes a will after August thirty-first,\…

§ 5-1.1-A Right of election by surviving spouse\n (a) Where a decedent dies on or after September first, nineteen\nhundred ninety-two and is survived by a spouse, a personal right of\nelection is given to the surviving spouse to take a share of the\ndecedent's estate, subject to …

§ 5-1.2 Disqualification as surviving spouse (a) A husband or wife is a surviving spouse within the meaning, and for the purposes of 4-1.1, 5-1.1, 5-1.1-A, 5-1.3, 5-3.1 and 5-4.4, unless it is established satisfactorily to the court having jurisdiction of the action or proceeding…

§ 5-1.3 Revocatory effect of marriage after execution of will (a) If the testator leaves a will executed prior to September first, nineteen hundred thirty and marries at any time after such will was executed, the spouse who survives such testator is entitled to succeed to the sam…

§ 5-1.4 Revocatory effect of divorce, annulment or declaration of nullity, or dissolution of marriage on disposition, appointment, provision, or nomination regarding a former spouse (a) Except as provided by the express terms of a governing instrument, a divorce (including a judi…

§ 5-3.1 Exemption for benefit of family (a) If a person dies, leaving a surviving spouse or children under the age of twenty-one years, the following items of property are not assets of the estate but vest in, and shall be set off to such surviving spouse, unless disqualified, un…

§ 5-3.2 Revocatory effect of birth of child after execution of will (a) Whenever a testator has a child born after the execution of a last will, and dies leaving the after-born child unprovided for by any settlement, and neither provided for nor in any way mentioned in the will, …

§ 5-3.4 Action in supreme court by child born after execution of will, by surviving spouse upon revocation of will by marriage or by subscribing witness with interest under will In the event that the administration of a decedent's estate in the surrogate's court has been complete…

§ 5-4.1 Action by personal representative for wrongful act, neglect or default causing death of decedent 1. The personal representative, duly appointed in this state or any other jurisdiction, of a decedent who is survived by distributees may maintain an action to recover damages…

§ 5-4.2 Trial and burden of proof of contributory negligence On the trial of an action accruing before September first, nineteen hundred seventy-five to recover damages for causing death the contributory negligence of the decedent shall be a defense, to be pleaded and proved by t…

§ 5-4.3 Amount of recovery (a) The damages awarded to the plaintiff may be such sum as the jury or, where issues of fact are tried without a jury, the court or referee deems to be fair and just compensation for the pecuniary injuries resulting from the decedent's death to the per…

§ 5-4.4 Distribution of damages recovered (a) The damages, as prescribed by 5-4.3, whether recovered in an action or by settlement without an action, are exclusively for the benefit of the decedent's distributees and, when collected, shall be distributed to the persons entitled t…

§ 5-4.5 Non-marital children For the purposes of this part, a non-marital child is the distributee of his father and paternal kindred and the father and paternal kindred of a non-marital child are that child's distributees to the extent permitted by 4-1.2.

§ 5-4.6 Application to compromise action (a) Within sixty days of the application of an administrator appointed under 5-4.1 or a personal representative to the court in which an action for wrongful act, neglect or default causing the death of a decedent is pending, the court shal…

§ 6-1.1 Estates classified (a) Estates in property as to duration are classified as follows: (1) Fee simple absolute. (2) Fee on condition. (3) Fee on limitation. (4) Estates for life. (5) Estates for years. (6) Estates from period to period. (7) Estates at will. (8) Estates by s…

§ 6-1.2 Estates tail abolished; future estates limited thereon Estates tail have been abolished, and every estate which would be a fee tail, according to the law of this state as it existed before the twelfth day of July, seventeen hundred eighty-two, shall be a fee simple; and i…

§ 6-1.3 When estate for life of third person is real property; when personal property A disposition of real property for the life of a third person, whether limited to heirs or otherwise, is real property only during the life of the grantee or devisee; after his death it is perso…

§ 6-2.1 Estates in severalty, joint tenancy, tenancy by the entirety and in common Estates as to the number of persons owning an interest therein are classified as follows: (1) In severalty. (2) Joint tenancy. (3) Tenancy in common. (4) Only as to real property and, on and after …

§ 6-2.2 When estate is in common, in joint tenancy or by the entirety (a) A disposition of property to two or more persons creates in them a tenancy in common, unless expressly declared to be a joint tenancy. (b) A disposition of real property to a husband and wife creates in the…

§ 6-3.1 Estates in possession and future estates Estates in property, as to the time of their enjoyment, are classified as estates in possession and future estates.